Federal Acquisition Regulation; Buy American Exemption for Commercial Information Technology-Construction Material, 60266-60268 [2010-24206]

Download as PDF 60266 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. 23.1104 Policy. Agencies shall encourage contractors and subcontractors to adopt and enforce policies that ban text messaging while driving— (a) Company-owned or –rented vehicles or Government-owned vehicles; or (b) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. 23.1105 Contract clause. The contracting officer shall insert the clause at 52.223–18, Contractor Policy to Ban Text Messaging While Driving, in all solicitations and contracts. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Amend section 52.212–5 by revising the date of clause; redesignating paragraphs (b)(31) thru (b)(43) as paragraphs (b)(32) thru (b)(44); and adding a new paragraph (b)(31) to read as follows: ■ 52.212–5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. * * * * * CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (Sep 2010) erowe on DSK5CLS3C1PROD with RULES3 * * * * * (b) * * * lllll (31) 52.223–18, Contractor Policy to Ban Text Messaging while Driving (SEP 2010) (E.O. 13513). 52.223–18 Contractor Policy to Ban Text Messaging While Driving. DEPARTMENT OF DEFENSE As prescribed in 23.1105, insert the following clause: GENERAL SERVICES ADMINISTRATION CONTRACTOR POLICY TO BAN TEXT MESSAGING WHILE DRIVING (SEP 2010) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (a) Definitions. As used in this clause— Driving—(1) Means operating a motor vehicle on an active roadway with the motor running, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. (2) Does not include operating a motor vehicle with or without the motor running when one has pulled over to the side of, or off, an active roadway and has halted in a location where one can safely remain stationary. Text messaging means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. The term does not include glancing at or listening to a navigational device that is secured in a commercially designed holder affixed to the vehicle, provided that the destination and route are programmed into the device either before driving or while stopped in a location off the roadway where it is safe and legal to park. (b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving, dated October 1, 2009. (c) The Contractor should— (1) Adopt and enforce policies that ban text messaging while driving— (i) Company-owned or –rented vehicles or Government-owned vehicles; or (ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. (2) Conduct initiatives in a manner commensurate with the size of the business, such as— (i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and (ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts that exceed the micro-purchase threshold. (End of clause) [FR Doc. 2010–24156 Filed 9–28–10; 8:45 am] BILLING CODE 6820–EP–P * * * * * ■ 5. Add section 52.223–18 to read as follows: VerDate Mar<15>2010 15:32 Sep 28, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 48 CFR Parts 25 and 52 [FAC 2005–46; FAR Case 2009–039; Item VII; Docket 2010–0104, Sequence 1] RIN 9000–AL62 Federal Acquisition Regulation; Buy American Exemption for Commercial Information Technology—Construction Material Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. AGENCIES: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 615 of Division C, Title VI, of the Consolidated Appropriations Act, 2010 (Pub. L. 111–117). Section 615 authorizes exemption from the Buy American Act for acquisition of information technology that is a commercial item. DATES: Effective Date: September 29, 2010. Comment Date: Interested parties should submit written comments to the Regulatory Secretariat on or before November 29, 2010 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAC 2005–46, FAR Case 2009–039, by any of the following methods: • Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FAR Case 2009–039’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘FAR Case 2009–039.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2009–039’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, Washington, DC 20405. SUMMARY: E:\FR\FM\29SER3.SGM 29SER3 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations Instructions: Please submit comments only and cite FAC 2005–46, FAR Case 2009–039, in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. Cecelia L. Davis, Procurement Analyst, at (202) 219–0202. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–46, FAR Case 2009–039. SUPPLEMENTARY INFORMATION: A. Background This interim rule amends FAR subparts 25.2 and 52.2 to implement section 615 of Division C, Title VI, of the Consolidated Appropriations Act, 2010 (Pub. L. 111–117). Section 615 authorizes exemption from the Buy American Act for acquisition of information technology that is a commercial item. This same exemption has appeared every year since Fiscal Year 2004 (section 535(a) of Division F, Title V, Consolidated Appropriations Act, 2004 (Pub. L. 108–199)). The Fiscal Year 2004 exemption was implemented through deviations by the individual agencies. Subsequently, regulations were published to implement the exemption for supplies (71 FR 223, January 3, 2006). The exemption for construction material was not implemented until publication of this interim rule. The interim rule is based on the probability that the exemption of commercial information technology is likely to continue. If the exception does not appear in a future appropriations act, a prompt change to the FAR will be made to limit applicability of the exemption to the fiscal years to which it applies. ‘‘Information technology’’ and ‘‘Commercial item’’ are already defined in FAR part 2. This is a significant regulatory action and, therefore, was subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. erowe on DSK5CLS3C1PROD with RULES3 B. Regulatory Flexibility Act The Councils do not expect this interim rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule simplifies the treatment of VerDate Mar<15>2010 15:32 Sep 28, 2010 Jkt 220001 construction material that is also a commercial information technology item, which constitutes a small percentage of the overall construction material in a project. This interim rule does not affect small business set-asides to the prime contractor or the small business subcontracting goals. Construction contracts that exceed $7,804,000 and are subject to trade agreements already exempt designated country construction material from the Buy American Act. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. The Councils invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. The Councils will also consider comments from small entities concerning the existing regulations in the FAR subparts 25 and 52 affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAC 2005–46, FAR Case 2009–039) in all correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does apply because the changes to the FAR will slightly reduce the information collection requirements currently approved by the Office of Management and Budget (OMB Control number 9000–0141, entitled Buy America Act— Construction—FAR Sections Affected: Subpart 25.2; 52.225–9; and 52.225–11) but we estimate that the impact will be negligible. D. Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense (DoD), the Administrator of General Services (GSA), and the Administrator of the National Aeronautics and Space Administration (NASA) that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary to implement the changes resulting from the enactment of section 615 of Division C, Title VI, of the Consolidated Appropriations Act, 2010 (Pub. L. 111–117), effective December 16, 2009. However, pursuant to 41 U.S.C. 418b and FAR 1.501–3(b), the Councils will consider public comments received in response to this interim rule in the formation of the final rule. List of Subjects in 48 CFR Parts 25 and 52 Government procurement. PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 60267 Dated: September 21, 2010. Edward Loeb, Director, Acquisition Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR parts 25 and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 25 and 52 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). PART 25—FOREIGN ACQUISITION 2. Amend section 25.202 by revising the introductory text of paragraph (a), and by adding paragraph (a)(4) to read as follows: ■ 25.202 Exceptions. (a) When one of the following exceptions applies, the contracting officer may allow the contractor to acquire foreign construction materials without regard to the restrictions of the Buy American Act: * * * * * (4) Information technology that is a commercial item. The restriction on purchasing foreign construction material does not apply to the acquisition of information technology that is a commercial item, when using Fiscal Year 2004 or subsequent fiscal year funds (Section 535(a) of Division F, Title V, Consolidated Appropriations Act, 2004, and similar sections in subsequent appropriations acts). * * * * * PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Amend section 52.225–9 by revising the date of the clause and paragraph (b)(2) to read as follows: ■ 52.225–9 Buy American—Construction Materials. * * * * * BUY AMERICAN—CONSTRUCTION MATERIALS (SEP 2010) * * * * * (b) * * * (2) This requirement does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: * * * * * 4. Amend section 52.225–11 by revising the date of the clause and paragraph (b)(3) to read as follows: ■ 52.225–11 Buy American Act— Construction Materials under Trade Agreements. * E:\FR\FM\29SER3.SGM * * 29SER3 * * 60268 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations BUY AMERICAN ACT— CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (SEP 2010) * * * * * (b) * * * (3) The requirement in paragraph (b)(2) of this clause does not apply to information technology that is a commercial item or to the construction materials or components listed by the Government as follows: [Contracting Officer to list applicable excepted materials or indicate ‘‘none’’] * * * * * [FR Doc. 2010–24206 Filed 9–28–10; 8:45 am] DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2010–0077, Sequence 8] Federal Acquisition Regulation; Federal Acquisition Circular 2005–46; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. AGENCIES: BILLING CODE 6820–EP–P This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National SUMMARY: Aeronautics and Space Administration. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005–46 which amend the FAR. Interested parties may obtain further information regarding these rules by referring to FAC 2005–46, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. For effective dates see separate documents, which follow. DATES: The analyst whose name appears in the table below. Please cite FAC 2005–46 and the specific FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. FOR FURTHER INFORMATION CONTACT: LIST OF RULES IN FAC 2005–46 Item Subject I .............. II ............. III ............ IV ........... V ............. VI ........... VII ........... Equal Opportunity for Veterans (Interim) .............................................................................................. Certification Requirement and Procurement Prohibition Relating to Iran Sanctions (Interim) .............. Termination for Default Reporting ......................................................................................................... Award-Fee Language Revision ............................................................................................................. Offering a Construction Requirement–8(a) Program ............................................................................ Encouraging Contractor Policies to Ban Text Messaging While Driving (Interim) ................................ Buy American Exemption for Commercial Information Technology—Construction Material (Interim) erowe on DSK5CLS3C1PROD with RULES3 SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these FAR cases, refer to the specific item number and subject set forth in the documents following these item summaries. FAC 2005–46 amends the FAR as specified below: Item I—Equal Opportunity for Veterans (FAR Case 2009–007) (Interim) This interim rule with request for comments implements the Department of Labor’s (DoL) Office of Federal Contract Compliance Programs (OFCCP) final rule published in the Federal Register at 72 FR 44393 on August 8, 2007, that implements amendments to the affirmative action provisions of the Vietnam Era Veterans’ Readjustment Assistance Act of 1972 (VEVRAA), as amended by the Jobs for Veterans Act (JVA). The rule re-titles FAR subpart 22.13 from ‘‘Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans’’ to ‘‘Equal Opportunity for Veterans.’’ Accordingly, FAR clause 52.222–35 is also renamed ‘‘Equal Opportunity for Veterans’’ and VerDate Mar<15>2010 15:32 Sep 28, 2010 Jkt 220001 FAR case 2009–007 2010–012 2008–016 2008–008 2009–020 2009–028 2009–039 Analyst Woodson. Davis. Parnell. Chambers. Morgan. Clark. Davis. incorporates the new categories and definitions of protected veterans as established by DoL. In addition, the FAR clause at 52.222–37, ‘‘Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans’’ is renamed ‘‘Employment Reports on Veterans’’ and the new DoL requirements for using the VETS–100A report are incorporated. Lastly, the FAR provision at 52.222–38, ‘‘Compliance with Veterans’ Employment Reporting Requirements,’’ is revised to incorporate new title references for FAR 52.222–37 and the new report form VETS–100A. Item II—Certification Requirement and Procurement Prohibition Relating to Iran Sanctions (FAR Case 2010–012) (Interim) This interim rule amends the FAR by enhancing efforts to enforce sanctions with Iran. The rule implements requirements imposed by the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Pub. L. 111–195), specifically sections 102 and 106. To implement section 102, the FAR will require certification that each offeror, and any person owned or controlled by the offeror, does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act. This rule also partially implements section 106 of Public Law 111–195, which imposes a procurement prohibition relating to contracts with persons that export certain sensitive technology to Iran. There will be further implementation of Section 106 in FAR Case 2010–018. This rule will have little effect on United States small business concerns, because such dealings with Iran are already prohibited in the United States. Item III—Termination for Default Reporting (FAR Case 2008–016) This final rule amends the FAR to revise the contractor performance information process. The FAR revisions include changes to FAR parts 8, 12, 15, 42, and 49. The purpose of the rule is to establish procedures for contracting officers to provide contractor information into the Federal Awardee Performance & Integrity Information System (FAPIIS) module of Past PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\29SER3.SGM 29SER3

Agencies

[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60266-60268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24206]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 2005-46; FAR Case 2009-039; Item VII; Docket 2010-0104, Sequence 
1]
RIN 9000-AL62


Federal Acquisition Regulation; Buy American Exemption for 
Commercial Information Technology--Construction Material

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are issuing an interim rule 
amending the Federal Acquisition Regulation (FAR) to implement section 
615 of Division C, Title VI, of the Consolidated Appropriations Act, 
2010 (Pub. L. 111-117). Section 615 authorizes exemption from the Buy 
American Act for acquisition of information technology that is a 
commercial item.

DATES: Effective Date: September 29, 2010.
    Comment Date: Interested parties should submit written comments to 
the Regulatory Secretariat on or before November 29, 2010 to be 
considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAC 2005-46, FAR Case 2009-
039, by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting ``FAR Case 
2009-039'' under the heading ``Enter Keyword or ID'' and selecting 
``Search.'' Select the link ``Submit a Comment'' that corresponds with 
``FAR Case 2009-039.'' Follow the instructions provided at the ``Submit 
a Comment'' screen. Please include your name, company name (if any), 
and ``FAR Case 2009-039'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1800 F Street, NW., Room 4041, ATTN: Hada Flowers, 
Washington, DC 20405.

[[Page 60267]]

    Instructions: Please submit comments only and cite FAC 2005-46, FAR 
Case 2009-039, in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Cecelia L. Davis, Procurement Analyst, at (202) 219-0202. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-46, FAR 
Case 2009-039.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule amends FAR subparts 25.2 and 52.2 to implement 
section 615 of Division C, Title VI, of the Consolidated Appropriations 
Act, 2010 (Pub. L. 111-117). Section 615 authorizes exemption from the 
Buy American Act for acquisition of information technology that is a 
commercial item.
    This same exemption has appeared every year since Fiscal Year 2004 
(section 535(a) of Division F, Title V, Consolidated Appropriations 
Act, 2004 (Pub. L. 108-199)). The Fiscal Year 2004 exemption was 
implemented through deviations by the individual agencies. 
Subsequently, regulations were published to implement the exemption for 
supplies (71 FR 223, January 3, 2006). The exemption for construction 
material was not implemented until publication of this interim rule.
    The interim rule is based on the probability that the exemption of 
commercial information technology is likely to continue. If the 
exception does not appear in a future appropriations act, a prompt 
change to the FAR will be made to limit applicability of the exemption 
to the fiscal years to which it applies.
    ``Information technology'' and ``Commercial item'' are already 
defined in FAR part 2.
    This is a significant regulatory action and, therefore, was subject 
to review under Section 6(b) of Executive Order 12866, Regulatory 
Planning and Review, dated September 30, 1993. This rule is not a major 
rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Councils do not expect this interim rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the rule simplifies the treatment of construction material that 
is also a commercial information technology item, which constitutes a 
small percentage of the overall construction material in a project. 
This interim rule does not affect small business set-asides to the 
prime contractor or the small business subcontracting goals. 
Construction contracts that exceed $7,804,000 and are subject to trade 
agreements already exempt designated country construction material from 
the Buy American Act. Therefore, an Initial Regulatory Flexibility 
Analysis has not been performed. The Councils invite comments from 
small business concerns and other interested parties on the expected 
impact of this rule on small entities.
    The Councils will also consider comments from small entities 
concerning the existing regulations in the FAR subparts 25 and 52 
affected by this rule in accordance with 5 U.S.C. 610. Interested 
parties must submit such comments separately and should cite 5 U.S.C. 
610 (FAC 2005-46, FAR Case 2009-039) in all correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply because the changes to the 
FAR will slightly reduce the information collection requirements 
currently approved by the Office of Management and Budget (OMB Control 
number 9000-0141, entitled Buy America Act--Construction--FAR Sections 
Affected: Subpart 25.2; 52.225-9; and 52.225-11) but we estimate that 
the impact will be negligible.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary to implement the changes resulting from the enactment of 
section 615 of Division C, Title VI, of the Consolidated Appropriations 
Act, 2010 (Pub. L. 111-117), effective December 16, 2009. However, 
pursuant to 41 U.S.C. 418b and FAR 1.501-3(b), the Councils will 
consider public comments received in response to this interim rule in 
the formation of the final rule.

List of Subjects in 48 CFR Parts 25 and 52

    Government procurement.

    Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 25 and 52 as set forth 
below:
0
1. The authority citation for 48 CFR parts 25 and 52 continues to read 
as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 25--FOREIGN ACQUISITION

0
2. Amend section 25.202 by revising the introductory text of paragraph 
(a), and by adding paragraph (a)(4) to read as follows:


25.202  Exceptions.

    (a) When one of the following exceptions applies, the contracting 
officer may allow the contractor to acquire foreign construction 
materials without regard to the restrictions of the Buy American Act:
* * * * *
    (4) Information technology that is a commercial item. The 
restriction on purchasing foreign construction material does not apply 
to the acquisition of information technology that is a commercial item, 
when using Fiscal Year 2004 or subsequent fiscal year funds (Section 
535(a) of Division F, Title V, Consolidated Appropriations Act, 2004, 
and similar sections in subsequent appropriations acts).
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 52.225-9 by revising the date of the clause and 
paragraph (b)(2) to read as follows:


52.225-9  Buy American--Construction Materials.

* * * * *

BUY AMERICAN--CONSTRUCTION MATERIALS (SEP 2010)

* * * * *
    (b) * * *
    (2) This requirement does not apply to information technology 
that is a commercial item or to the construction materials or 
components listed by the Government as follows:
* * * * *

0
4. Amend section 52.225-11 by revising the date of the clause and 
paragraph (b)(3) to read as follows:


52.225-11  Buy American Act--Construction Materials under Trade 
Agreements.

* * * * *

[[Page 60268]]

BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (SEP 
2010)

* * * * *
    (b) * * *
    (3) The requirement in paragraph (b)(2) of this clause does not 
apply to information technology that is a commercial item or to the 
construction materials or components listed by the Government as 
follows:

[Contracting Officer to list applicable excepted materials or 
indicate ``none'']
* * * * *
[FR Doc. 2010-24206 Filed 9-28-10; 8:45 am]
BILLING CODE 6820-EP-P